United States District Court, D. Maryland
MEMORANDUM AND ORDER
J. Garbis United States District Judge.
Court has before it (1) Plaintiff's Motion to Remand and
Request for Hearing [ECF No. 18], (2) Defendants' Motion
to Dismiss, or Alternatively, Motion for More Definite
Statement [ECF No. 11], (3) Defendants' Motion to Dismiss
the Amended Complaint, or Alternatively, Motion for More
Definite Statement [ECF No. 21], and the materials submitted
relating thereto. The Court finds that a hearing is not
February 2, 2018, Plaintiff I'Maya Kelly
(“Plaintiff” or “Kelly”), a Maryland
resident, filed a Complaint in the Circuit Court for
Baltimore City, alleging that she had suffered injuries from
exposure to and ingestion of lead-based paint at 2349
Lauretta Avenue, Baltimore, Maryland (“Lauretta
Property”). Complaint, ECF No. 2. Her claims were based
upon state law causes of action, including negligence,
negligent misrepresentation, and violation of Maryland's
Consumer Protection Act.
named Defendants in this original Complaint were:
1. Citibank, N.A.;
2. CFNA Receivables, f/k/a CitiFinancial, Inc.;
3. CitiFinancial, Inc., as successor in interest to
IMC Mortgage Company;
4. IMC Mortgage Company, as successor in interest to
Industry Mortgage Company, LP; and
5. Industry Mortgage Company, LP.
¶ 3, ECF No. 2.
removed this matter to federal court on the basis of
diversity jurisdiction. They argue, and Plaintiff does not
contest, that the only two entities that existed at the time
of the filing of the original Complaint were Citibank, N.A.
and CFNA Receivables (TX), LLC. Defs.' Opp. at 3, ECF No.
IMC Mortgage Company, a Florida corporation, was the
successor in interest to Industry Mortgage Company, LP.
Id. at 2. IMC Mortgage Company acquired the Lauretta
Property in 1999, and ceased operation in 2006 when it was
succeeded by CitiFinancial, Inc. Id. The Lauretta
Property was transferred by CitiFinancial to a non-related
third party. Id. Then, CitiFinancial changed its
name to CFNA Receivables (MD), Inc., in 2013 and to CFNA
Receivables (MD), LLC, in 2017. Id. Finally, ...